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baddestbunny
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LSDefine
Simple English definitions for legal terms
plea in avoidance
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A quick definition of plea in avoidance:
A plea in avoidance is when a defendant gives a reason why the plaintiff or prosecutor's case is not valid. This is also called an affirmative defense. It's like saying "I didn't do it, but even if I did, here's why it's not my fault." The defendant has to prove their defense is true. Examples include self-defense or insanity. There are other types of defenses, like ones that delay the case or ones that are not true. Sometimes defendants use a strategy of fighting everything the plaintiff says, which is called the Stalingrad defense.A more thorough explanation:
A plea in avoidance is a type of defense that a defendant can use to refute the plaintiff's or prosecutor's claim. It is also known as an affirmative defense. The defendant presents facts and arguments that, if true, would defeat the plaintiff's claim, even if all the allegations in the complaint are true. The burden of proving an affirmative defense lies with the defendant.
Examples of affirmative defenses are duress (in a civil case) and insanity and self-defense (in a criminal case). Another example is the defense of habitation, which justifies conduct that would otherwise be a criminal offense if an aggressor threatens the defendant's place of abode or premises.
For instance, if a person is charged with assault for hitting someone who was trying to break into their home, they can use the defense of habitation as a plea in avoidance. They can argue that their conduct was necessary to protect their home and that it was reasonable in relation to the harm threatened.